PayShap Terms and Conditions
The PayShap Terms and Conditions outline the agreement between Hello Paisa (Pty) Ltd and its customers for using the PayShap service, detailing how users can send and receive payments, the associated fees, user responsibilities, and the service’s availability. They also cover legal aspects such as data handling, liability limits, and the process for amending, suspending, or terminating the service, all under South African law. You hereby accept and agree to:
1.
1.1
These PayShap Terms and Conditions (herein referred to as the “PayShap T&Cs”) regulates the relationship between Hello Paisa (Proprietary) Limited and You, the Customer of Hello Paisa, when You use the PayShap Service.
1.2
Prior to using the PayShap Service You acknowledge that You have read, understood, and agreed to be bound to these PayShap T&Cs and ancillary agreements incorporated by reference hereto.
DEFINITIONS AND INTERPRETATIONS
2.
2.1
In these PayShap T&Cs similar expressions will bear corresponding meanings. Words and expression set forth below will bear the following meanings:
2.1.1
“Customer”, “You” or “Your” means a Hello Paisa account holder who makes use of the PayShap Service;
2.1.2
“Hello Paisa”, “Us” or “We” means Hello Paisa (Proprietary) Limited with registration number 2012/123966/07 of building 12 centurion gate office park, Akkerboom street, centurion, Pretoria, Gauteng 0157;
2.1.3
“Parties” means Hello Paisa and Customer collectively, whereas “Party” means either Hello Paisa or Customer separately, as the context will dictate;
2.1.4
“PayShap Service” means the service provided to You by Hello Paisa to enable You to send and receive PayShap payments;
2.1.5
“Personal Information” means Your information that You provide to Hello Paisa which enables Hello Paisa to provide the PayShap Service to You and any information defined or categorised as personal information in terms of the Protection of Personal Information Act No 4 of 2013;
2.1.6
“PayShap Recipient” means the person selected by the PayShap Payee to receive the PayShap payment;
2.1.7
PayShap Payee” means a Customer who sends the PayShap payment;
2.1.8
“PayShapID” means Your PayShap identification number provided to You by Hello Paisa. This will be Your South African cell phone number; and
2.1.8
“South Africa” means the Republic of South Africa.
2.2
In these PayShap T&Cs the clause which limit the risk of liability to You and other parties; where You accept risks and liabilities; where We impose obligations on You to indemnify Us and where You represent that You acknowledge certain facts relating to the PayShap Services, such clause, will be in bold.
2.3
These PayShap T&Cs will be read to together with the Hello Paisa Co-branded Bank Account and Card Terms and Conditions and all other terms and conditions relating to any additional service We may render to You. If there is a conflict in interpretation between these PayShap T&Cs and those terms and conditions, then the interpretation that gives effect to these PayShap T&Cs will prevail in relation to the PayShap Service.
2.4
No clause herein shall be construed against or interpreted to the disadvantage of a Party by reason of such Party having or being deemed to have structured, drafted or introduced such clause.
2.5
The use of the word “including” followed by a specific example/s shall not be construed as limiting the meaning of the general wording preceding it and the eiusdem generis rule shall not be applied in the interpretation of such general wording or such specific example/s.
2.6
If any clause in the definitions and interpretation of these PayShap T&Cs is a substantive clause conferring any rights or imposing any obligations on either Party, notwithstanding, that such clause is contained in the definitions and interpretation clause, effect will be given to it as if it were a substantive clause in these PayShap T&Cs.
USE OF PAYSHAP SERVICES
3.
3.1
The PayShap Service enables You to receive PayShap payments in Your Hello Paisa account and send PayShap payments using the PayShap Recipients account number or PayShapID.
3.2
To make use of the PayShap Services via a PayShapID You must register, with Hello Paisa, Your PayShapID.
3.3
PayShap payments will be linked only to Your Hello Paisa account.
3.4
Each Customer must only use their allocated PayShapID.
3.5
You are responsible for ensuring that Your Hello Paisa account has sufficient funds available to complete the PayShap payment.
AVAILABILITY OF THE PAYSHAP SERVICE
4.
4.1
From time to time the PayShap Service may not be available to You. Hello Paisa, at its sole discretion, reserves the right to suspend, alter, modify, and upgrade the PayShap Service.
4.2
Hello Paisa will not be liable for any loss, expenses, or damage You or any third-party incurs as a result of the PayShap Service not being available to You. You indemnify Hello Paisa against any third-party claims as a result of the PayShap Service not being available.
REPRESENTATIONS, WARRANTIES, AND INDEMNITIES
5.
5.1
To provide You with the PayShap Service, We require accurate information relating to the PayShap Payee and the PayShap Recipient. You warrant that You will provide Hello Paisa with accurate information to enable Hello Paisa to assist You in this regard.
5.2
You indemnify and hold harmless Hello Paisa from Your failure to provide accurate information to enable Hello Paisa to assist You in providing the PayShap Service to You.
5.3
PayShap payments cannot be reversed. You indemnify and hold harmless Hello Paisa from any PayShap payments You seek to reverse, including, any third-party claims that may arise in this regard.
5.4
You warrant that You will inform Hello Paisa immediately should Your PayShapID be compromised, including if Your cell phone is lost or Your cell phone number has changed, and indemnify and hold harmless Hello Paisa for Your non-compliance to accordingly inform Hello Paisa.
5.5
You warrant that You have the necessary legal capacity and authority to enter into and be bound to these PayShap T&Cs.
PAYSHAP PAYMENT LIMITS AND FEES
6.
6.1
You will be liable to pay the PayShap payment fee for each PayShap payment instruction sent through the PayShap Service. If You do not pay the fees, We may suspend Your Hello Paisa Account temporarily or permanently.
6.2
All fees will be communicated to You on Hello Paisa’s website, mobile application or through direct communication.
PAYSHAP PAYMENT LIMITS AND FEES
7.
7.1
We may collect, use, share, store or process Your Personal Information to render the PayShap Service to You and comply with applicable legislation.
7.2
You authorise Us to transfer Your Personal Information to relevant authorities, third-parties and banks. This may be used to assist such persons and Hello Paisa to provide the PayShap Service to You and assist in ensuring that the PayShap Service is only used in an authorised manner.
LIMITATION OF LIABILITY
8.
Hello Paisa, Hello Paisa subcontractors, Hello Paisa agents or Hello Paisa employees will not be liable for any direct, indirect, contingent, consequential, or special loss, expense or damage sustained or suffered by any Customer of whatsoever nature arising out of the Customers use of the PayShap Services.
CONTACT US
9.
Should You have any questions or queries feel free to contact Us through the various means provided on Our website at https://hellopaisa.co.za/contact-us/
SUSPENDING AND DEREGISTERING THE PAYSHAP SERVICE
10.
Hello Paisa may at its sole discretion, pursuant to compliance with applicable laws, suspend or deregister You from the PayShap Service or refuse to carry out any instruction without notice to You.
GOVERNING LAW
11.
These PayShap T&Cs shall be governed by the laws of the Republic of South Africa.
NOTICE AND DOMICILIUM
12.
The Parties choose as their domicilium citandi et executandi (herein referred to as “domicilium”) and for delivery of all notices arising out of these PayShap T&Cs the following addresses:
- Hello Paisa
- Physical address: Hello House
- Building 12, Centurion Gate Business Park
- 124 Akkerboom Street
- Centurion
The Customer: All contact details provided by the Customer during the Customer onboarding process may be used to provide any correspondence relating to the PayShap Service. The Customer acknowledges that the physical address provided by the Customer will be the Customers chosen domicilium.
VARIATION
13.
13.1
We have the right to vary these PayShap T&Cs at any time by providing the amended version on Our website or mobile application.
13.2
Your continued use of the PayShap Services will be deemed as Your acceptance of any variation. Should You not agree will the variation, You may deregister Your PayShapID and stop using the PayShap Service.
VARIATION
14.
14.1
Notwithstanding any clause in these PayShap T&Cs, Hello Paisa may terminate the PayShap Service and any ancillary services, being rendered to You, by written notification.
14.2
Upon termination of Your access to the PayShap Service, any outstanding PayShap payments and applicable fees will be completed or cancelled at Our sole discretion.
SEVERABILITY
15.
If any one or more clause contained in these PayShap T&Cs is or are rendered unenforceable, illegal, void, or contrary to public policy, same will be deemed severable from the remainder of these PayShap T&Cs which will nevertheless be binding and enforceable.
